ORDERS:
ORDER OF DISMISSAL
Grievance No. McCl-0426-99
This matter is currently pending before the South Carolina Administrative Law Judge Division pursuant to Appellant's Notice of
Appeal filed April 20, 2000.
A party cannot appeal a ruling unless he has been substantially aggrieved by that ruling. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d
150 (1970); See also S.C. Code Ann. § 1-23-380(A) (judicial review available to parties who are aggrieved by a final decision of an
agency). A party who is aggrieved is one who "is injured in a legal sense; one who has suffered an injury to person or property." Bivens, 173 S.E.2d at 152, citing Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625. The word "aggrieved" refers to a substantial
grievance, "a denial of some personal or property right or the imposition on a party of a burden or obligation." Id.
There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. Appellant
alleges injury sustained as a result of slipping in his cell on water spilled from washing. Appellant alleges the injury was caused by the
Respondent's refusal to allow him to shower. The Appellant was refused showering privileges, however, because he refused to
comply with certain security requirements. Appellant also concedes that he did receive medical attention after his injury.
I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law
Judge Division has no jurisdiction over this appeal pursuant to S.C. R.C.P. 12(b)(1).
IT IS THEREFORE ORDERED that the Respondent's Motion to Dismiss is granted and that this appeal is hereby DISMISSED.
AND IT IS SO ORDERED.
______________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge Division
August 28, 2000
Columbia, South Carolina
APPEAL RIGHTS
You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition for judicial review in circuit
court within thirty (30) days after receipt of this Order. S.C. Code Ann. § 1-23-610 (Supp. 1999). The petition may be filed in any
circuit court as long as the chosen forum is neither arbitrary nor unreasonable, and provided that no statute controls venue in a
particular type of case. The review of the Administrative Law Judge's order must be confined to the record. The reviewing tribunal
may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of
the petitioner have been prejudiced because of the finding, conclusion, or decision is: (a) in violation of constitutional or statutory
provisions; (b) in excess of the statutory authority of the agency; () made upon unlawful procedure; (d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; or (f) arbitrary or capricious or
characterized by abuse of discretion or clearly unwarranted exercise of discretion. |